If you buy a house before marriage and get a real estate certificate after marriage, does the house

This issue should be comprehensively judged in combination with the capital contribution and property rights registration, and cannot be generalized

If the house is purchased in full by one of the spouses before the marriage, without a loan, and the property right is registered in the name of the funder, it belongs to the personal property of the husband and wife. The pre-marital property of one party is the property of one of the spouses and is not converted into the joint property of the husband and wife as a result of the continuation of the marital relationship.

If the house is purchased by one of the spouses in full before the marriage without a loan, but the name of the other party is added when applying for the title deed after the marriage, this situation can be regarded as a gift from the contributing party to the other party, and the house is the joint property of the husband and wife. However, if the parties divorce shortly after marriage, the funder should divide the house more than he shares.

If one of the spouses signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a bank loan, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party who paid the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce. If the agreement fails, the people's court may rule that the immovable property belongs to the party with the property rights registration, and the loans that have not been repaid are the personal debts of the party with the property rights registration. In the case of divorce, the party registered in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in property value between the parties after marriage.

In other words, the part of the loan repaid with the joint property after marriage and the corresponding value-added part should be recognized as the joint property of the husband and wife.

Is the house bought before marriage and the real estate certificate obtained after marriage considered the joint property of the husband and wife?

Legal analysis: The house bought before marriage is not the joint property of the husband and wife after the marriage, but is still the pre-marital property of the pre-marital purchaser. According to the laws of our country, husband and wife may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly.

The agreement shall be in writing.

Legal basis: Civil Code of the People's Republic of China

Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal access to joint property.

Article 1063 The following property shall be the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Where the immovable property purchased by both parents is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the respective parents' share of the capital contribution, unless otherwise agreed by the parties.

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties. If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

Legal analysis: buying a house before marriage and applying for a real estate certificate after marriage determines that the house is personal property before marriage. Although the issuance of the house ownership certificate is during the existence of the marital relationship, in judicial practice, it will be held that the issuance of the property ownership certificate is based on the continuation of the individual purchase of the house before the marriage, and the house is purchased by the individual before the marriage, so this situation should be determined that the house belongs to the personal property before the marriage, and should not be recognized as the joint property of the husband and wife after the marriage.

Legal basis: Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

A house bought before marriage cannot be considered joint property after marriage.

A house that one party buys at his or her own expense before the marriage. According to the provisions of the Civil Code, the pre-marital property of one of the spouses is the personal property of one of the spouses.

Before the marriage, the house that one party has purchased, paid for and has ownership of is obviously the pre-marital property of one party, which is personal property and not joint property of the husband and wife.

However, if one party buys a house with his or her own funds before the marriage, but for some reason the property is registered in the names of both parties, this is considered a gift to the other party, in which case the house is the joint property of the husband and wife.

The house bought by an individual before marriage is usually personal property, and it is also after marriage, and it does not change the ownership of the property. If the parents buy a house wholly owned by one of the parents and register it in the name of the individual, it is considered a gift and personal property.

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Before jumping to conclusions, let's look at a case.

Case review. A sold a house in Chengdu's Wuhou district to B in 2014. Soon after, Mr. and Mrs. A felt very sorry that they should not sell the house, so A's wife thought that they were married first, and the real estate certificate was issued later, so this belonged to joint property, and the purchase contract signed by A herself was invalid, so she sued B in court on the grounds of this time, complaining that the transaction violated her co-ownership of the house, and asked the court to rule that the purchase contract was invalid.

The outcome of the court's disposition.

The court dismissed A's wife's claim on the following grounds:

The house of A** was purchased with personal property before marriage, although the house ownership certificate was issued after marriage, according to the Marriage Law of the People's Republic of China, the house belongs to A's pre-marital personal property, and A can dispose of the house property rights.

So the question is, how to tell if the house is joint property or personal property?

1. If the house is purchased in full before marriage, and the house is registered as a separate property, it is personal property;

2. If the loan is purchased before marriage and the loan is repaid jointly after marriage, the part of the joint loan repayment belongs to the husband and wife;

3. After marriage, the purchase of full money or loan, even if the house is registered as a separate property, still belongs to the joint property of the husband and wife;

4. If the house is purchased after marriage, and the husband and wife agree that the house is owned by one party, then it is personal property, and it is best to do property notarization or have other agreed certificates.

For the purchase of a house by the parents of both husband and wife, if there is no other explanation, it will be regarded as a gift from the parents to the husband and wife, and the property ownership will be judged as above depending on whether it was purchased before or after marriage.

Generally, the buyer must also find out the property rights of the house before buying a house, whether it is owned by the seller alone or jointly with others, so how to determine whether there is a co-owner of the house to buy the house?

1. For married sellers, if it is a separate defense area under the name of **, it is necessary to verify whether the house is obtained before marriage, and if so, then the seller can deal with it with all liquids; If it is obtained after marriage, even if the real estate certificate says that it is owned separately, it is also the joint property of the husband and wife, and the seller must be required to issue a "spousal consent ** certificate", so that the house bought in this way is legal;

If, in the above case, B buys a house that A and his wife purchased after marriage, and B only enters into a contract with A alone, then B's wife's claim will be considered valid under the law.

2. For the seller who has been divorced, it is necessary to ask the seller to provide a divorce agreement or court judgment to clarify the ownership of the house. If it is owned by the seller alone, it can be owned by itself**; If the property is jointly owned by the seller and the ex-husband, a "proof of consent" is also required to proceed with the transaction.

Legal Analysis: In this case, the house will be considered to be pre-marital personal property. Although the issuance of the house ownership certificate is between the parties during the duration of the marital relationship, in judicial practice, it will be held that the issuance of the real estate certificate is based on the continuation of the individual purchase of the house before the marriage, and the house is purchased by the individual before the marriage, so this situation should be recognized as the personal property of the house before the marriage, and should not be recognized as the joint property of the husband and wife after the marriage.

In addition, if one or both spouses contribute to the purchase of a house after marriage, and the real estate certificate is only in the name of one person, in this case, the rented property is the joint property of the husband and wife, and if divorced, the principle of equal division is adopted.

Legal basis: Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury due to malpractice;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

If one of the spouses buys a house before the marriage, but the real estate certificate is processed after the marriage, such a house is not part of the joint property of the husband and wife. The house is not property acquired during the marital relationship. Before marriage, the spouse has contributed to the purchase of a simple house in the housing group, and has completed the substantive requirements for obtaining the property rights of the house.

To convert a spouse's pre-marital property into joint property, there must be a written agreement between the parties, and if there is no written agreement or the agreement is not clear, the property will not change due to the marriage and the length of your stay.

Legal basis

Article 1063 of the Civil Code The following property is the personal property of one of the spouses: (1) the pre-marital property of one of the spouses; 2) Compensation or compensation received by one party for personal injury; 3) Property that is determined in a will or gift contract to belong to only one party; 4) Daily necessities for the exclusive use of one side; 5) Other property that shall belong to one side.